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to receive a fee of fifty cents, to be paid by the claim-
ant and taxed as costs against the defendants, for
which, and for other costs if incurred by the claim-
ant in resorting to legal process for the collection of
his claim, the said defendant shall be chargable as
if such costs had formed a part of the original claim.
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SEC. 2. And be it enacted, That every such boat
or vessel against which an account or statement shall
be filed as aforesaid, shall be subject to a lien for
the debt and costs justly chargable against it for the
period of one year from the day on which said account
or statement may be filed as aforesaid, and no longer;
but that the claimant may have the benefit of any
other lien upon said boat or vessel to which he may
be entitled by mortgage, bill of sale or otherwise.
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Linn to hold
for one year.
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SEC. 3. And be it enacted, That the liens intend-
ed to be created by this act shall not entitle the
claimants to preference of payment over creditors or
claimants secured by mortgage or bill of sale, prop-
erly executed and recorded before the claims to be
secured by such contemplated liens shall have ac-
crued.
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Not to have
preference
over mortgage
or bill of sale.
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SEC. 4. And be it enacted, That the claimant
may at any time alter his claim shall have been filed
as aforesaid, and within the period to which he is
entitled to the benefit of lien as aforesaid, sue out of
the Circuit Court for the county where the claim is
docketed a writ of scire facias in common form, va-
ried to suit the claim, to be directed to the sheriff of
the same county, and made returnable to the next
ensuing court that shall sit within twenty days after
the issuing of said writ; and it shall be the duty of
the said sheriff, immediately after receiving said
•writ, to proceed to serve the same on the owner or
his agent, if an agent have charge of the boat, or if
neither can be found within his bailiwick, to set up
at the nearest post-office where such boat was built,
repaired or equipped, a copy of the said writ, or a
short notice containing the substance thereof; and
also to cause a copy to be published once in each of
two consecutive weeks in some newspaper having
general escalation in said county; and that upon
the return of said writ to the court to which it is pro-
perly made returnable, endorsed or marked "summon-
ed," by the sheriff, or where the owner or his
agent cannot be found, upon its return with the
sheriff's and printer's certificates, showing that a
copy was set up at the nearest post-office and also
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Manner of pro-
ceeding to ob-
tain judgment.
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